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ICC Note:

Despite the recent wave of arrests and deportations being called to a halt by a court of appeals in Sri Lanka, many are concerned that the government may again begin arresting and forcefully deporting Christian refugees soon. Many of these refugees come from Pakistan and Afghanistan and are fleeing intense persecution. UN experts have called these deportations violations of international law, which has caused Sri Lanka to pause. With the case now in court, many are waiting to see what Sri Lanka does next. 

8/22/2014 Sri Lanka (UCANews) – Sri Lankan citizens and civil society organizations have expressed alarm at the recent arrests and deportations of asylum seekers from Sri Lanka, pointing out they are in blatant violations of customary international law.

In a joint statement issued by over 80 signatories, it has been pointed out that the deportations are in breach of customary international law that requires all countries to abide by the principles of ‘non-refoulement’ (no forced returns) to countries where people face imminent risks. It also points out the deportations are in violation of Article three of the Convention against Torture and other cruel, inhuman and degrading treatment or punishment that has been ratified by the Sri Lankan government.

The signatories have pointed out that against a backdrop where it has been noted by the UNHCR that Ahmadiyya and Shia Muslims and Christians in Pakistan may need international protection and require particularly careful examination of their asylum claims, the claims made by the Ministry of External Affairs to justify the decision to deport the asylum seekers is unacceptable.

They point out the MEA is making unfounded claims to justify the decision to deport the asylum seekers claiming they have fallen victim to commercially driven human trafficking networks.

“The only way to find out who is genuinely fleeing persecution is a comprehensive case by case assessment by the nationally and internationally recognized agency for this – the UNHCR and not any Sri Lankan government agency,” the concerned civil society representatives have stated while pointing out the asylum seekers have been deprived of the right to this due process under international customary law.

They have furthermore asserted that although in practice the MEA claims they have been ‘encouraging the return of asylum seekers, in practice they have been forcibly deported as confirmed by the UNHCR that has confirmed that some of the latest deportees had their passports and asylum seeker certificates seized last week and told to go to the Colombo airport where they were placed on flights to Pakistan against their will.

Moreover, it has been pointed out that the laws under which the arrests and detentions were made is not clear:

– the victims and their families have not been informed clear and specific reasons for their arrests

– no arrest receipts have been provided

– arrests have not been produced before a competent court and access to lawyers have been denied.

– those arrested being detained at Boossa detention facility run by the Terrorist Investigation Department (TID) indicates that the arrests have been made under the Prevention of Terrorism Act indications (if they were arrested under immigration laws, they should have been detained in the Immigration detention facility in Mirihana)

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